A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §30-7-11a; and to
amend said code by adding thereto a new article, designated
§30-7E-1, §30-7E-2 and §30-7E-3, all relating to authorizing
the West Virginia Board of Examiners for Registered
Professional Nurses to designate nurse health programs for
licensees and applicants for treatment and recovery for
alcohol abuse, chemical dependency or major mental illness;
and enrolling on a voluntary basis without being subject to
disciplinary action if the person complies with the goals and
restrictions of the program.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §30-7-11a; and that
said code be amended by adding thereto a new article, designated
§30-7E-1, §30-7E-2 and §30-7E-3, all to read as follows:

(a) In order to encourage voluntary participation in monitored
alcohol, chemical dependency or major mental illness programs and
in recognition of the fact that major mental illness, alcoholism
and chemical dependency are illnesses, any person who holds a
license to practice registered nursing in this state or who is
applying for a license to practice registered nursing in this state
may enter into a voluntary agreement with a nurse health program as
defined in section one, article seven-e of this chapter. The
agreement between the licensee or applicant and the nurse health
program shall include a jointly agreed upon treatment program and
mandatory conditions and procedures to monitor compliance with the
program of recovery.

(b) Any voluntary agreement entered into pursuant to this
section shall not be considered a disciplinary action or order by
the board, shall not be disclosed to the board and shall not be
public information if:

(1) Such voluntary agreement is the result of the licensee or
applicant self enrolling or voluntarily participating in the board-
designated nurse health program;

(2) The board has not received nor filed any written
complaints regarding said licensee or applicant relating to an
alcohol, chemical dependency or major mental illness affecting the
care and treatment of patients; and

(3) The licensee or applicant is in compliance with the
voluntary treatment program and the conditions and procedures to
monitor compliance.

(c) Pursuant to this section, if any licensee or applicant
enters into a voluntary agreement with a nurse health program as
defined in section one, article seven-e of this chapter, and then
fails to comply with or fulfill the terms of said agreement, the
nurse health program shall report the noncompliance to the board
within twenty-four hours. The board may initiate disciplinary
proceedings pursuant to section eleven of this article or may
permit continued participation in the nurse health program or both.

(d) If the board has not instituted any disciplinary
proceeding as provided for in this article, any information
received, maintained or developed by the board relating to the
alcohol or chemical dependency impairment of any licensee or
applicant and any voluntary agreement made pursuant to this section
shall be confidential and not available for public information,
discovery or court subpoena, nor for introduction into evidence in
any medical professional liability action or other action for
damages arising out of the provision of or failure to provide
health care services.

(e) Notwithstanding any of the foregoing provisions, the board
may cooperate with and provide documentation of any voluntary
agreement entered into pursuant to this section to licensing boards
in other jurisdictions of which the board has become aware and may
be appropriate.

ARTICLE 7E. NURSE HEALTH PROGRAMS.

§30-7E-1. Definitions.

For the purposes of this article, the following words and
terms have the meanings ascribed to them, unless the context
clearly indicates otherwise.

(1) "Board" means the West Virginia Board of Examiners for
Registered Professional Nurses.

(2) "Major mental illness" means a diagnosis of a mental
disorder within the axis of psychotic or affective or mood, alcohol
or chemical abuse or alcohol or chemical dependency as stipulated
in the International Code of Diagnosis.

(3) "Nurse" means those health care professionals licensed by
the West Virginia Board of Examiners for Registered Professional
Nurses.

(4) "Nurse health program" means a program meeting the
requirements of this article.

(5) "Qualifying illness" means the diagnosis of alcohol or
substance abuse, alcohol or substance dependency or major mental

illness.

§30-7E-2. Nurse health program.

(a) The board is authorized to designate one or more nurse
health programs. To be eligible for designation by the board, a
nurse health program shall:

(1) Enter into an agreement with the board outlining specific
requirements of the program;

(2) Agree to make its services available to all licensed West
Virginia registered professional nurses with a qualifying illness;

(3) Provide for the education of nurses with respect to the
recognition and treatment of alcohol, chemical dependency and
mental illness and the availability of the nurse health program for

qualifying illnesses;

(4) Offer assistance to any person in referring a nurse for
purposes of assessment or treatment or both for a qualifying
illness;

(5) Monitor the status of a nurse who enters treatment for a
qualifying illness pursuant to a written, voluntary agreement
during treatment;

(6) Monitor the compliance of a nurse who enters into a
written, voluntary agreement for a qualifying illness with the
nurse health program setting forth a course for recovery;

(7) Agree to accept referrals from the board to provide
monitoring services pursuant to a board order; and

(8) Include such other requirements as the board deems
necessary.

(b) A designated nurse health program shall:

(1) Set and collect reasonable fees, grants and donations for
administration and services provided;

(2) Work collaboratively with the board to develop model
compliance agreements;

(3) Work collaboratively with the board to identify qualified
providers of services as may be needed by the individuals
participating in the nurse health program;

(4) Report to the board, no less than annually, statistics
including the number of individuals served; the number of compliant
individuals; the number of individuals who have successfully
completed their agreement period; and the number of individuals
reported to the board for suspected noncompliance: Provided, That
in making such report the nurse health program shall not disclose
any personally identifiable information relating to any nurse
participating in a voluntary agreement as provided herein:
Provided, however, That in the case of a nurse not in compliance
with the requirements, full disclosure of information will be
provided to the board.

(c) The fact that a nurse is participating in a designated
nurse health program is confidential, as is all nurse patient
information acquired, created or used by the nurse health program,
and it shall remain confidential and may not be subject to
discovery or subpoena in a civil case. The disclosure of
participation and noncompliance to the board, as required by a
compliance agreement, waives the confidentiality as to the board
for disciplinary purposes.

(d) The nurse health program and all persons engaged in nurse
health program activities are immune from civil liability and no
civil action may be brought or maintained while the nurse health
program and all persons engaged in nurse health program activities
are acting in good faith and within the scope of their duties.

(e) The board is immune from civil liability and no civil
action may be brought or maintained against the board or the state
for an injury alleged to have been the result of the activities of
the nurse health program or the board referral of an individual to
the nurse health program when they are acting in good faith and
within the scope of their duties.

§30-7E-3. Discretionary authority of boards to designate programs.

The West Virginia Board of Examiners of Registered
Professional Nurses has the sole discretion to designate nurse
health programs for licensees of the board and no provision of this
article may be construed to entitle any nurse to the creation or
designation of a nurse health program for any individual qualifying
illness or group of qualifying illnesses.